Ayub Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27828 of 2019 Arising Out of PS. Case No.-213 Year-2013 Thana- BAHADURGANJ District- Kishanganj ====================================================== Ayub Ali Son of Said Ali @ Sahid Ali Resident of Village - Tauwa Para, Teusa, P.S.- Distt- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No.213 of 2013 for the offence punishable under Sections 323, 406, 468, 420, 120(B) of the Indian Penal Code.

The allegation against the petitioner, as mentioned in the FIR-cum-complaint that Nav Jyoti Agro India Ltd. Company was involved in taking deposit on behalf of policy holders and in the process thereof, Rs. 25 cores were deposited by various depositor. It has further been stated that head office of the company was situated at Kolkata. The complaint further alleged that the officials and agent of the company after taking the money of the public closed the office and fled away with all

Patna High Court CR. MISC. No.27828 of 2019(3) dt.07-08-2019 2/3 documents and cash.

Mr. Pankaj Kumar Sinha, learned counsel for the petitioner submits that petitioner is innocent and is not named in the FIR. He further submits that his name has been dragged by the police during the course of investigation whereas no incriminating material has been collected against the petitioner by the police. Learned counsel further submits that in fact the petitioner due to unemployment had joined the said company for a short period as an agent and had also filed complaint case bearing No.1118(C) of 2013 which was converted into Kishanganj P.S. Case No.420 of 2013 but unfortunately the petitioner was made accused in that case also and was granted bail by this court.

On the other hand, learned counsel for the State submits that during the course of investigation, no cogent material has come against the petitioner connecting him in the offence.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner is not named in the FIR and further no cogent material has been found against the petitioner during the course of investigation to connect him

Patna High Court CR. MISC. No.27828 of 2019(3) dt.07-08-2019 3/3 with the offence, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T